IN RE HOLOHOLO LITIGATION

Civ. Nos. 79-0324A, 79-0324, 79-0353, 79-0583, 79-0631, 80-0053, 80-0054 and 80-0641.

557 F.Supp. 1024 (1983)

In re HOLOHOLO LITIGATION. Barbara K. TRENS, individually and as personal representative of Mike Julio Trens, deceased, Plaintiff, v. The UNIVERSITY OF HAWAII, a corporation; the Research Corporation of the University of Hawaii, a corporation; State of Hawaii, a sovereign state; the University of California, a corporation; John Laney; and Arthur F. Stubenberg, Defendants. Robert RUSECKAS, personal representative of the estate of James Edward Ruseckas, deceased, Plaintiff, v. The UNIVERSITY OF HAWAII, a corporation; the Research Corporation of the University of Hawaii, a corporation; State of Hawaii, a sovereign state; the University of California, a corporation; John Laney; and Arthur D. Stubenberg, as personal representative of the estate of Arthur F. Stubenberg, deceased, Defendants. Lynne Ann HAROUN, individually and as executrix of the estate of Stephan Randall Shannon, deceased, and Joann D. Shannon, Plaintiffs, v. The UNIVERSITY OF HAWAII, a corporation; the Research Corporation of the University of Hawaii, a corporation; State of Hawaii, a sovereign state; the University of California, a corporation; Michael Vincent Paulin, as guardian of the property of John Laney, Sr., deceased; and Arthur D. Stubenberg, as personal representative of the estate of Arthur F. Stubenberg, deceased, Defendants. Youngsook Kim HARVEY, individually and as personal representative of the estate of Robert R. Harvey, deceased; Andrew Kim Weaver; Sarah Kim Weaver; and Susan W. Niemeyer, individually and as personal representative of the estate of Gary C. Niemeyer, deceased, Plaintiffs, v. UNIVERSITY OF HAWAII, a corporation; Research Corporation of the University of Hawaii, a corporation; State of Hawaii, a sovereign state; University of California, a corporation; Michael Vincent Paulin, as guardian of the property of John Laney, Sr., deceased, and a legal representative of the estate of John Laney, Sr., deceased; Arthur D. Stubenberg, as personal representative of the estate of Arthur F. Stubenberg, deceased; and Barbara K. Trens, as personal representative of the estate of Mike Julio Trens, deceased, Defendants. Nancy J. LAIRD, individually, as personal representative of Norman P. Laird, deceased, and as guardian ad litem for Kristine Renee Laird, a minor, Plaintiffs, v. The UNIVERSITY OF HAWAII, a corporation; the Research Corporation of the University of Hawaii, a corporation; the University of California, a corporation; Michael Vincent Paulin, as guardian of the property of John Laney, Sr., deceased; Arthur D. Stubenberg, as personal representative of the estate of Arthur F. Stubenberg, deceased, Defendants. Carol A. CHARNELL, individually, as personal representative of Robert Lewis Charnell, deceased, and as guardian ad litem for Mareline Charnell and Erika Charnell, minors, Plaintiffs, v. The UNIVERSITY OF HAWAII, a corporation; the Research Corporation of the University of Hawaii, a corporation; State of Hawaii, a sovereign state; the University of California, a corporation; Michael Vincent Paulin, as guardian of the property of John Laney, Sr., deceased; Arthur D. Stubenberg, as personal representative of the estate of Arthur F. Stubenberg, deceased, Defendants. Paul W. ALLEN and Marjorie H. Allen, individually, and Christopher Cobb, as personal representative of the estate of Michael H. Allen, deceased, Plaintiffs, v. The UNIVERSITY OF HAWAII, a corporation; the Research Corporation of the University of Hawaii, a corporation; State of Hawaii, a sovereign state; the Regents of the University of California, a corporation; Michael Vincent Paulin, as guardian of the property of John Laney, Sr., deceased; Arthur D. Stubenberg, as personal representative of the estate of Arthur F. Stubenberg, deceased, Defendants.

United States District Court, D. Hawaii.

February 10, 1983.


Attorney(s) appearing for the Case

Carlton E. Russell, Long Beach, Cal., David C. McClung, Robert Kimura, Honolulu, Hawaii, for Barbara K. Trens.

Stuart M. Cowan, Robert E. Rau, Honolulu, Hawaii, for Robert Ruseckas.

John S. Edmunds, Charles W. Crumpton, Honolulu, Hawaii, Charles E. Yates, Moriarty, Mikkelborg, Broz, Wells & Fryer, Douglas Hartwich, Short & Cressman, Seattle, Wash., for Lynne Ann Haroun, Joann D. Shannon, Nancy J. Laird, Carol A. Charnell, Paul W. Allen, Marjorie H. Allen, and Jeffrey S. Grad.

David C. Schutter, Howard Glickstein, Priscilla L. Mills, Honolulu, Hawaii, for Youngsook Kim Harvey, Andrew Kim Weaver, Sarah Kim Weaver, and Susan W. Niemeyer.

Nelson S.W. Chang, Sp. Deputy Atty. Gen., Tany S. Hong, Atty. Gen., State of Hawaii, Honolulu, Hawaii, for the University of Hawaii and State of Hawaii.

Everett Cuskaden, Craig Kugisaki, Bert T. Kobayashi, Jr., Wray H. Kondo, John T. Komeiji, Honolulu, Hawaii, for the Research Corp. of the University of Hawaii.

Richard K. Quinn, Stephen A. Nordyke, Michael M. Payne, Honolulu, Hawaii, for the University of California.

John A. Roney, Honolulu, Hawaii, for Arthur D. Stubenberg.


ORDER

SAMUEL P. KING, Chief Judge.

BACKGROUND

On December 9, 1978, the M/V HOLOHOLO, a 90-foot Alaskan power scow converted to other uses, sailed from Honolulu, Hawaii, on the second of six planned voyages to an ocean thermal energy conversion ("OTEC") station located seventeen nautical miles west of Kawaihae on the Island of Hawaii. The vessel had been chartered by the Research Corporation of the University of Hawaii ("RCUH") pursuant to a subcontract...

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